View all text of Chapter 58 [§ 2611 - § 2627]
§ 2617. Required terms and conditions of plans
Any plan issued pursuant to this chapter shall contain the following terms and conditions:
(a) National Potato Promotion Board; establishment; powers and duties
Providing for the establishment by the Secretary of a National Potato Promotion Board (hereinafter referred to as “the board”) and for defining its powers and duties, which shall include powers—
(1) to administer such plan in accordance with its terms and conditions;
(2) to make rules and regulations to effectuate the terms and conditions of such plan;
(3) to receive, investigate, and report to the Secretary complaints of violations of such plan; and
(4) to recommend to the Secretary amendments to such plan.
(b) Membership of board
(c) Compensation and expenses of board members
(d) Budget; preparation and submission
(e) Assessment rate per poundage handled; limitation
(f) Restrictions
Providing that—
(1) funds collected by the board shall be used for research, development, advertising, or promotion of potatoes and potato products and such other expenses for the administration, maintenance, and functioning of the board, as may be authorized by the Secretary, including any referendum and administrative costs incurred by the Department of Agriculture under this chapter: Provided, That the provision for payment to the Department of Agriculture for any referendum and administrative costs so incurred shall not be subject to producer approval, or importer approval when importers are subject to a plan, in a referendum;
(2) no advertising or sales promotion program shall make any reference to private brand names or use false or unwarranted claims in behalf of potatoes or their products or false or unwarranted statements with respect to the attributes or use of any competing products; and
(3) no funds collected by the board shall in any manner be used for the purpose of influencing governmental policy or action, except as provided by subsection (a)(4) of this section.
(g) Research, development, advertising or promotion programs or projects; development and submission by board; approval by Secretary
(h) Contract authority of board; funds for payment of cost
(i) Recordkeeping; reports for accounting: receipts and disbursements; audit report
(Pub. L. 91–670, title III, § 308, Jan. 11, 1971, 84 Stat. 2042; Pub. L. 97–244, § 2, Aug. 26, 1982, 96 Stat. 310; Pub. L. 98–171, § 2(a), Nov. 29, 1983, 97 Stat. 1117; Pub. L. 101–624, title XIX, § 1940, Nov. 28, 1990, 104 Stat. 3866.)